"Detention Without Physical Examination of Tamarind and Tamarind Products (Fresh, Frozen, Dried, and/or Processed) from All Countries and/or Manufacturers Due to Filth"

Reason for Alert

Note: The revision of this Import Alert (IA) dated 1/3/2023 updates the name of the alert, reason for alert, guidance section including agency contacts, product description and PAF. Changes to the import alert are bracketed by asterisks (***). Reason for Alert: Review of national detention data ***from October 1991 through July 1993, revealed a total of 179 filth detentions of various tamarind products from 8 different countries, identifying at least 43 different foreign suppliers.*** This import alert replaced Import Alert #21-07, "Automatic Detention of Fresh Tamarind" and Import Alert #21-08, "Automatic Detention of Tamarind Candy with Chili from Mexico" and combines both alerts to cover all tamarind products from every country.

Product Description

***Tamarind and products containing tamarind (fresh, frozen, dried, and processed)*** Tamarind products not indicated for detention under this Import Alert include: Products with artificial tamarind flavor.

Charge

The article is subject to refusal of admission pursuant to Section 801(a)(3) in that the article appears to consist in whole or in part of a filthy, putrid, or decomposed substance or be otherwise unfit for food. [Adulteration, section 402(a)(3)] OASIS charge code - FILTHY

Guidance

Divisions may detain, without physical examination all tamarind products (fresh,***frozen, dried,*** and processed), except artificially flavored tamarind products, and those listed on the Green List of the alert. ***Further investigation via field and/or label examination into products may be warranted as it is not always evident if a product contains tamarind.*** Release of Articles Subject to Detention Without Physical Examination Under This Import Alert: In order to secure release of an individual shipment identified for DWPE subject to detention without physical examination under this alert, the owner, consignee, and/or other responsible party for the affected goods should provide evidence that demonstrates that the product does not consist in whole or in part of a filthy, putrid, or decomposed substance or be otherwise unfit for food. Such evidence could include private laboratory analysis of sample(s) collected from the affected articles. Proper sampling and analytical records should be submitted to the appropriate FDA Division compliance office for consideration per the notice of detention. For further information regarding private laboratory analyses, please reference FDA's Laboratory Procedure-Private Laboratory Analytical Packages. Following receipt and review of private laboratory results, the FDA may, at its discretion, collect and analyze audit samples before rendering a final decision on the admissibility of the article. "Resources for private laboratory testing are available at https://www.fda.gov/science-research/field-science-and-laboratories/private-laboratory-testing. For applicable methodologies, navigate to �Import Alert Resources� and select �View Import Alerts: Specific Method/Preparation Recommendations." Removal from Detention Without Physical Examination (ADDITION TO THE GREEN LIST): In order to remove a firm's product from detention without physical examination information should be provided to the Agency to adequately demonstrate that the firm has overcome the appearance of conditions that gave rise to the violation described in the alert. The purpose of this is so that the Agency will have confidence that future shipments/entries will be in compliance with the Federal Food Drug and Cosmetic Act (FD&C Act). For further guidance on removal from detention without physical examination, refer to FDAs Regulatory Procedures Manual (RPM), Chapter 9-8, "Detention without Physical Examination (DWPE)." If a firm and/or a representative thereof would like to petition for removal from detention without physical examination and addition to the Green List under this Import Alert, all relevant information supporting the request should be forwarded to the following address: Food and Drug Administration Division of Import Operations 12420 Parklawn Drive, ELEM-3109 Rockville, MD 20857 Or, be sent via email to: Importalerts2@fda.hhs.gov *** Questions or issues involving import operations should be addressed to OII Division of Import Operations (DIO) at (301) 796-0356 or Imports@fda.hhs.gov. Questions or issues involving science policy, analysis, preparation, or analytical methodology, should be addressed to FDAPRIVATELABIMPORTALERTS@fda.hhs.gov Questions or issues with regard to human food on policy, sample collection recommendations, or any additional questions not directly related to a detained entry, should be addressed to the Human Foods Program Imports Enforcement Branch at HFP-OCE-Imports@fda.hhs.gov ***

Affected Countries (1)